What is the test for making a down payment under the Family Law Act?
British Columbia, Canada
The following excerpt is from World v World, 2021 BCSC 1177 (CanLII):
Section 85(2) of the Family Law Act places the onus on the respondent to prove that the down payment should be excluded. He must do so with clear and cogent evidence: Pisarski v. Piesik, 2019 BCCA 129 at para. 24; Shih v. Shih, 2017 BCCA 37 at para. 43.
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